Divorces can be emotionally draining and financially costly. Depending on the complexity of the case, hourly attorney rates, property appraisal fees and other associated costs, divorce can cost thousands.
When one spouse has significant wealth, they may be able to pay their lawyer to cover the other spouse’s legal fees; however, in low-asset cases this often is not feasible.
What is a divorce attorney’s fee?
Cost of hiring a divorce attorney depends largely on the complexity of your case; most experienced lawyers usually charge anywhere between $300 and $500 an hour while younger lawyers tend to offer lower rates than more established legal professionals.
Along with attorney fees, other expenses for your divorce will likely include filing fees, court costs and expert witness fees. Our survey of divorce clients reported spending an average of $1,480 for experts such as custody evaluators, real estate appraisers and tax advisors.
The cost of divorce depends on the nature and complexity of issues involved, how long your case takes to resolve, as well as whether or not litigation ensues. A more costly divorce would occur if it is contested; these cases tend to require more discovery, are often more complex, and carry an increased risk of litigation.
Although many factors play a part in deciding who pays the attorney fees associated with divorce proceedings, one major one is income disparity between yourself and your soon-to-be ex. If they make significantly more than you do annually, typically the court will award them with an order to cover their legal expenses.
If you and your spouse can agree on key issues such as property division, child custody/visitation arrangements, alimony payments and support payments, then the overall costs of divorce should be lower. Even so, experts may still need to be hired in order to provide an equitable property settlement settlement solution.
Some attorneys offer payment plans for their services; it is wise to inquire during your initial consultation if this option is available to them.
How do I know if I can afford a divorce attorney?
People unable to afford legal services will often look for someone who works pro bono or for free, though this can be difficult as many attorneys do not wish to work pro bono as it can be time consuming and stressful for them. Furthermore, court fees must still be paid even when pro bono legal help is being used.
Keep in mind that attorney fees are only part of the costs associated with divorce, there may also be filing fees, expert fees, custody evaluators and court reporters that need to be taken into account when assessing whether you can afford an attorney.
Before selecting a divorce attorney, it’s essential to interview several firms and enquire about their fee structures, courtroom experience and whether or not they have handled similar cases before making your choice. Also inquire about hourly rates and what services are included within their fee package.
Some attorneys may be willing to negotiate their fee structure with you, such as taking on lower hourly rates or charging you flat fees for specific tasks. Be sure to inquire about any additional costs such as photocopying, postage charges or courier fees that might arise as well.
Under certain conditions, it may be possible for a judge to order your spouse to cover your legal fees. For instance, this might happen if there is an income disparity or they acted improperly during your marriage.
If you cannot afford the services of a divorce attorney, other solutions may be available to you. For instance, you could enlist friends and family to pool resources together and hire one on a contingency basis; or apply for a loan or pro bono representation.
Do I have to pay my spouse’s attorney’s fees?
It is generally expected that each spouse pays their own divorce attorney fees; however, in certain instances if there is an inequitable distribution of assets or income between parties and one cannot afford legal representation for themselves, a judge may order one party to cover another party’s legal expenses as part of what’s known as a fee award award.
To determine whether or not to award a fee, the court takes several factors into account when awarding any fee. These include financial resources of each party involved as well as any misconduct that increased litigation costs unnecessarily (such as sabotaging marital bank accounts or engaging in frivolous litigation), plus any unique characteristics to each situation.
If one party’s actions are judged as acts of bad faith, a court can award them with part of their attorney fees in order to encourage them to cooperate and negotiate in good faith. This measure is especially applicable in instances when parties delay negotiations or otherwise complicate cases needlessly.
The court will also take into account any expenses related to your case, such as property appraisals and fees for experts or custody evaluators, that were incurred as part of it, which will add further costs. These will then be factored into how much one party must pay in attorneys’ fees.
Legal fees alone don’t cover all expenses related to divorce cases; individuals may incur filing and court costs as part of the initial paperwork submission to courts. If someone can’t afford these expenses, a waiver application with the court could cover these costs instead.
Assuming there are no significant extenuating circumstances, generally each spouse will pay their own legal fees when filing for divorce. An exception might occur in cases in which one partner sacrificed earnings potential and career to care for children of the marriage; then working spouse may request payment by other party of said costs.
Can I get my spouse to pay my attorney’s fees?
When making their determination of who pays attorney fees during a divorce proceeding, courts weigh various factors to make an appropriate determination of payment of attorney fees. One key consideration is each spouse’s overall financial status – for instance if one earns significantly more than another it’s likely that a judge will order them to cover attorney fees of the lower income spouse – this ensures a level playing field and avoids economic status being used as an issue that affects its outcome.
Courts take into account each party’s conduct during divorce proceedings. If one spouse engages in behaviors which increase costs of divorce proceedings, such as refusing mediation sessions or filing unnecessary motions, then a judge may order them to cover attorney fees of the other party as punishment – this incentive aims to encourage both sides to work cooperatively and efficiently so as not to drag out proceedings further than necessary.
Though judges have considerable latitude in making their decisions, it’s best to come prepared when seeking legal fees assistance from them. Your attorney can assist in creating a financial statement which clearly displays all the time and effort spent working on your case so the judge can make an informed decision regarding granting or denying assistance with fees.
If you cannot afford full-time legal representation, limited scope representation offers legal help at a much reduced cost. Your attorney can focus on managing only the essential aspects of your case while you handle other tasks yourself, such as child custody and property division agreements.
As it’s essential that in order to seek assistance paying attorney fees, this should be included within your Original Petition for Divorce. Placing this request at an early point will give your judge enough time to evaluate and decide. Adding it later could delay finalization and prolong separation within your family unit.
